Terms and Conditions
Please read the following terms and conditions very carefully, by proceeding to purchase goods from ekoRIDE.co.uk you are agreeing to these terms of sale. These terms do not affect your statutory rights. Please also note that no other terms, conditions or warranties are to be implied into this agreement unless expressly accepted in writing by an authorised representative of ekoRIDE.co.uk. In these terms please note that 'You' and 'Your' relates to the customer and 'We' and 'Our' refers to the seller.
1. Conditions Applicable
1.1 Ekoride Limited is registered in England and Wales No 07150982 The Registered office is 15 Osmund Road, Devizes, Wiltshire SN10 3GD
1.2 These Conditions shall apply to all contracts for the sales of goods (which expression shall where the context so permits, include the supply of services) by Ekoride Limited (the Company) to a Buyer to the exclusion of all other Terms and Conditions and to any previous oral or written communication between the Company and the Buyer.
1.3 The Company reserves the right to add, alter, amend or withdraw at any time without notice, any of these Terms and Conditions. The Buyer’s acceptance of delivery of the goods shall be conclusive evidence of its acceptance of these Terms and Conditions.
1.4 All orders for goods until accepted or rejected at its discretion by the Company shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability. If the Company chooses not to accept a Buyers order for any reason, the Company shall communicate this to the Buyer.
1.5 Whilst the Company has attempted to ensure that the information within its catalogues, website and other publications is correct at the time of publication, they do not form part of any contract for the Sale of Goods. For technical reasons, colour illustrations should be viewed as a guide only.
1.6 Any typographical, clerical or other error or emission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or other information issued by the Company, shall be subject to correction without any liability on the part of the Company.
2. Orders, Specifications and Returns
2.0 Order Acceptance
2.1 A contract for the sale of product(s) ordered is only created once a confirmation of sale notification is emailed to the Buyer.
2.2 The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable health, safety or other statutory requirements, or where the goods are to be supplied to the Company’s specification which do not materially affect their quality or performance.
2.3 Any non-returnable goods sold by the Company will only be accepted as a return either at the Company’s absolute discretion or where the goods are found to be defective at the date of delivery.
2.4 If any goods which are accepted as a return or where found to be defective at the date of delivery and were sold with a promotional item, the promotional item must be returned at the same time otherwise the Company reserves the right to charge the Buyer the price to the Company in supplying the promotional item.
2.5 Orders for stock products may be cancelled at any time prior to the despatch of the goods. Orders for non stock products may only be cancelled with the written agreement of the Company.
3. Price and Payment
3.1 The contracted price for the goods and delivery charge will be the price stated on your confirmation of sale notification.
3.2 All Payments can be made by credit, debit card or cheque.
3.3 Payment must be made in full and cleared prior to despatch of goods.
3.4 All amounts stated are inclusive of the current rate of VAT at the time of order being received.
3.5 The property of the goods will not pass to the Buyer until full payment of the goods and delivery charge has been made and funds have been received and cleared.
4. Delivery
4.1 Subject to these Terms and Conditions Ekoride guarantees to deliver anywhere in mainland Britain.
4.2 If the Company is unable to deliver the goods because the Buyer has not provided the Company with sufficient delivery information, or if the Buyer is not available to take or refuses delivery of the goods, an additional charge for redelivery may be incurred.
4.3 Any dates quoted for delivery of the goods, or supply of Services, are approximate only, the Company shall not be liable for any delay with regard thereto howsoever caused. Time for delivery or supply shall not be of the essence unless previously agreed in writing by the Company.
4.4 The cost of delivery will be charged in addition to the price of the goods.
5. Cancellation
5.1 If a product is out of stock the Buyer will be entitled to cancel their order without liability to either the Buyer or the Company.
6. Risk and Property
6.1 Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery.
6.2 It is the responsibility of the Buyer to inspect the goods on delivery where any damage or fault needs to be recorded and specified on the driver’s sheet, and then signed and printed by the Buyer and countersigned by the driver acknowledging the damage or fault at the point of delivery.
6.3 Accepted delivery with or without a signed delivery note will be deemed acceptance the Buyer acknowledges the goods were delivered without damage.
6.4 Goods which have been signed for as “unchecked or similar” will not be accepted as evidence the goods have been damaged or there is a fault.
7. Warranties and Liability
7.1 The Company will replace products found to be defective on delivery without charge if notified by the Buyer within 24 hours of signed delivery.
7.2 Goods incorrectly supplied or invoiced as a result of error on the part of the Company will be collected and credited without charge. This is the sole remedy in this case.
7.3 If a material defect with your ekoRIDE scooter is found within 6 months of the date of despatch then the Company will at its sole discretion and as soon as reasonably possible replace the defective parts on the provision that:
1.1 Ekoride Limited is registered in England and Wales No 07150982 The Registered office is 15 Osmund Road, Devizes, Wiltshire SN10 3GD
1.2 These Conditions shall apply to all contracts for the sales of goods (which expression shall where the context so permits, include the supply of services) by Ekoride Limited (the Company) to a Buyer to the exclusion of all other Terms and Conditions and to any previous oral or written communication between the Company and the Buyer.
1.3 The Company reserves the right to add, alter, amend or withdraw at any time without notice, any of these Terms and Conditions. The Buyer’s acceptance of delivery of the goods shall be conclusive evidence of its acceptance of these Terms and Conditions.
1.4 All orders for goods until accepted or rejected at its discretion by the Company shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability. If the Company chooses not to accept a Buyers order for any reason, the Company shall communicate this to the Buyer.
1.5 Whilst the Company has attempted to ensure that the information within its catalogues, website and other publications is correct at the time of publication, they do not form part of any contract for the Sale of Goods. For technical reasons, colour illustrations should be viewed as a guide only.
1.6 Any typographical, clerical or other error or emission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or other information issued by the Company, shall be subject to correction without any liability on the part of the Company.
2. Orders, Specifications and Returns
2.0 Order Acceptance
2.1 A contract for the sale of product(s) ordered is only created once a confirmation of sale notification is emailed to the Buyer.
2.2 The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable health, safety or other statutory requirements, or where the goods are to be supplied to the Company’s specification which do not materially affect their quality or performance.
2.3 Any non-returnable goods sold by the Company will only be accepted as a return either at the Company’s absolute discretion or where the goods are found to be defective at the date of delivery.
2.4 If any goods which are accepted as a return or where found to be defective at the date of delivery and were sold with a promotional item, the promotional item must be returned at the same time otherwise the Company reserves the right to charge the Buyer the price to the Company in supplying the promotional item.
2.5 Orders for stock products may be cancelled at any time prior to the despatch of the goods. Orders for non stock products may only be cancelled with the written agreement of the Company.
3. Price and Payment
3.1 The contracted price for the goods and delivery charge will be the price stated on your confirmation of sale notification.
3.2 All Payments can be made by credit, debit card or cheque.
3.3 Payment must be made in full and cleared prior to despatch of goods.
3.4 All amounts stated are inclusive of the current rate of VAT at the time of order being received.
3.5 The property of the goods will not pass to the Buyer until full payment of the goods and delivery charge has been made and funds have been received and cleared.
4. Delivery
4.1 Subject to these Terms and Conditions Ekoride guarantees to deliver anywhere in mainland Britain.
4.2 If the Company is unable to deliver the goods because the Buyer has not provided the Company with sufficient delivery information, or if the Buyer is not available to take or refuses delivery of the goods, an additional charge for redelivery may be incurred.
4.3 Any dates quoted for delivery of the goods, or supply of Services, are approximate only, the Company shall not be liable for any delay with regard thereto howsoever caused. Time for delivery or supply shall not be of the essence unless previously agreed in writing by the Company.
4.4 The cost of delivery will be charged in addition to the price of the goods.
5. Cancellation
5.1 If a product is out of stock the Buyer will be entitled to cancel their order without liability to either the Buyer or the Company.
6. Risk and Property
6.1 Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery.
6.2 It is the responsibility of the Buyer to inspect the goods on delivery where any damage or fault needs to be recorded and specified on the driver’s sheet, and then signed and printed by the Buyer and countersigned by the driver acknowledging the damage or fault at the point of delivery.
6.3 Accepted delivery with or without a signed delivery note will be deemed acceptance the Buyer acknowledges the goods were delivered without damage.
6.4 Goods which have been signed for as “unchecked or similar” will not be accepted as evidence the goods have been damaged or there is a fault.
7. Warranties and Liability
7.1 The Company will replace products found to be defective on delivery without charge if notified by the Buyer within 24 hours of signed delivery.
7.2 Goods incorrectly supplied or invoiced as a result of error on the part of the Company will be collected and credited without charge. This is the sole remedy in this case.
7.3 If a material defect with your ekoRIDE scooter is found within 6 months of the date of despatch then the Company will at its sole discretion and as soon as reasonably possible replace the defective parts on the provision that:
i. The Buyer has informed the Company of the defect within 3 days of the defect being discovered and the Buyer has also followed the processes as instructed by the Company (ekoRIDE.co.uk).
ii. The Buyer has securely packaged the defective part(s) and sent back to the Company for further inspection at the expense of the Buyer.
iii. The defect existed in the goods at the time of delivery or the defect was caused by a manufacturing fault
8 Warranty Exclusions
8.1 Your warranty only includes parts, for the avoidance of doubt, this warranty does not include labour. This warranty will be rendered void if at the point of inspection the following outcomes are found
8.3 The Buyer, when ordering via the Company’s website, must ensure it has in place virus protection as the Company accepts no liability for viruses transmitted or passed to the Buyer through use of the Company’s website for ordering purposes or otherwise.
8.4 Subject to clause 7.3 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification, is notified to the Company in accordance with these Conditions, the Company shall be entitled to repair or replace the goods (or the part in question) free of charge, or at the Company’s sole discretion, refund to the Buyer, the price of the goods (or proportionate part of the price), but the Company shall have no further liability to the Buyer.
8.5 Except in respect of death or personal injury caused by the Company’s negligence, fraud or dishonesty, the Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or Agents or otherwise) which arise out of or in connection with the supply of the goods or Services or their use or resale by the Buyer.
8.6 The Company shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:-
9. General
9.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful, or unenforceable to any extent, the Terms and Conditions will, to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
9.2 The contract shall be governed by the laws of England and the parties submit the exclusive jurisdiction of the English courts in relation to any dispute hereunder.
9.3 Nothing in this Agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the contracts (rights of third parties) 1999 shall not apply.
10. Public Notices
10.1 No party shall issue or make any public notice or announcement or disclose any information regarding this agreement unless the information or material that is intended to be made public is disclosed to all parties and approval has been granted.
10.2 No party shall be prohibited to make any public notice or announcement or disclose any information if it is necessary to do so by complying with any applicable law.
11. Intellectual Property Rights
11.1 All contents and images within this site are protected by copyright, nothing shall give you any rights in respect of any intellectual property owned by ekoRIDE Ltd. You shall not use, copy, reproduce, modify any such content or images or in any way exploit ekoRIDE Ltd, trademarks, logos or other proprietary marks, or any of the content of the site, in whole or in part.
8.1 Your warranty only includes parts, for the avoidance of doubt, this warranty does not include labour. This warranty will be rendered void if at the point of inspection the following outcomes are found
i. The defective part has been modified, altered, tampered with, or damaged in any way resulting from poor installation, poor storage, enforced or accidental damage.
ii. Any labels, trademarks have been removed or tampered with in any way.
iii. If the damage is caused by wear and tear or alternatively parts that require maintenance, these parts include but are not limited to tyres, brakes, mirrors, wheels, inner tubes, battery, drive belts, bearings and cables.
iv. EkoRIDE scooters must be serviced on the first 300 miles and an ongoing check of every 1000 miles thereafter, the service history may be requested to support any claim
made.8.2 The above warranty is given by the Company subject to the condition that the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the manufacturers or the Company’s instructions (whether oral or writing) mis-use or alterations or repair without the Company’s approval.
8.3 The Buyer, when ordering via the Company’s website, must ensure it has in place virus protection as the Company accepts no liability for viruses transmitted or passed to the Buyer through use of the Company’s website for ordering purposes or otherwise.
8.4 Subject to clause 7.3 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification, is notified to the Company in accordance with these Conditions, the Company shall be entitled to repair or replace the goods (or the part in question) free of charge, or at the Company’s sole discretion, refund to the Buyer, the price of the goods (or proportionate part of the price), but the Company shall have no further liability to the Buyer.
8.5 Except in respect of death or personal injury caused by the Company’s negligence, fraud or dishonesty, the Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or Agents or otherwise) which arise out of or in connection with the supply of the goods or Services or their use or resale by the Buyer.
8.6 The Company shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:-
- Act of God, adverse weather conditions, explosion, flood, tempest, fire or accident.
- War or threat of war, sabotage, insurrection, civil disturbance or requisition.
- Acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
- Import of export regulations or embargoes
- Strikes, lockouts or other industrial actions or Trade disputes (whether involving employees of the Company or of a third party).
- Difficulties in obtaining raw materials, labour, fuel, parts of machinery.
- Power failure or breakdown in any vehicle or machinery or any computer malfunction.
- The imposition of stopping, waiting, parking or similar restrictions which delay or prevent the Company from reasonable effecting delivery of the
goods.8.7 The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the order for goods shall be limited to the price of each order accepted by the Company with the Buyer.
9. General
9.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful, or unenforceable to any extent, the Terms and Conditions will, to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
9.2 The contract shall be governed by the laws of England and the parties submit the exclusive jurisdiction of the English courts in relation to any dispute hereunder.
9.3 Nothing in this Agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the contracts (rights of third parties) 1999 shall not apply.
10. Public Notices
10.1 No party shall issue or make any public notice or announcement or disclose any information regarding this agreement unless the information or material that is intended to be made public is disclosed to all parties and approval has been granted.
10.2 No party shall be prohibited to make any public notice or announcement or disclose any information if it is necessary to do so by complying with any applicable law.
11. Intellectual Property Rights
11.1 All contents and images within this site are protected by copyright, nothing shall give you any rights in respect of any intellectual property owned by ekoRIDE Ltd. You shall not use, copy, reproduce, modify any such content or images or in any way exploit ekoRIDE Ltd, trademarks, logos or other proprietary marks, or any of the content of the site, in whole or in part.
